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In any event, successive regulatory tightening and tax increases have already created a “reasonably effective deterrent” to market entry.

There is a second complication. The relentless flow of Commission statements may eventually make enforcement less damaging rather than more.

“The regulatory failures are unhelpful but perhaps the sheer number and regularity of them has made them less remarkable, such that they become ‘wallpaper’,” Waugh says.

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As such, the ad violated rule 16.3 of the CAP Code (Edition 12).

Midnite’s operator, Dribble Media Ltd, stated that the ad had not been authorised by their company. They cited discrepancies in branding and asserted that it was created and disseminated by an affiliate, Limay Media Ltd, without Midnite’s approval. 

Midnite confirmed it had terminated its contract with Limay and would reinforce compliance reminders to its partners.

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The animosity between the sides has become political over the years. Station is owned and operated by the Fertitta family, who have been prominent Republican donors for many years. Culinary is a largely Democratic organisation that typically supports and endorses left-leaning candidates.

Last month, US President Donald Trump made an impromptu visit to Las Vegas, hosting a rally at Red Rock. Trump called the Fertittas a “beautiful family” during his remarks. Culinary, meanwhile, denounced the event and the Fertittas’ support of Trump and Nevada’s Republican Governor Joe Lombardo.

“As Lombardo runs for re-election in a state built and run by unionised hospitality workers, Culinary Union is demanding to know why the governor stands with Station Casinos and Trump’s harmful economic agenda instead of fighting and delivering for the working people who power Nevada’s economy,” the union said in a statement at the time.